P.SARAVANAN Vs. M. SIVASUBRAMANIAN

JUDGEMENT

(1.) The plaintiff, who lost his suit for partition is the appellant before this Court.

(2.) The factual background of the dispute between the parties can be summarised as under:- The parties engaged in dispute are descendants of one K.N.T.Manickam Chettiar S/o.K.N.Thandavaraya Chettiar. During the life time of K.N.Thandavaraya Chettiar, he and his 6 sons entered into a partition deed on 01.01.1947 (Ex.A-20) and got it registered. The ancestral properties and the properties accrued through joint family members exertion were divided into 7 lots put under Schedule "A"? to "G"?. The "A"? schedule property was left to the parents namely Thandavaraya Chettiar and his wife Unnamalaiammal for their life time enjoyment. After their lifetime to be divided among the 6 sons after clearing the parents debts, if any. The properties mentioned under "F"? schedule was allotted to Manickam Chettiar. At the time of this partition, except the 6th son Markasagaya Chettiar, rest of the sons were married.

(3.) In the year 1975, K.N.T.Manicka Chettiar and his children entered into a partition deed of their individual and family properties and got it registered on 26.03.1975 (Ex.A-1). In this partition deed, the properties held by Manickam Chettiar family were divided into 8 lots under Schedule "A"? to "H"?. The properties listed under 'A' schedule was allotted to K.N.T.Manickam Chettiar and the 'B' Schedule properties were allotted to his son M.Sivasubramaniam. On the demise of K.N.T.Manickam Chettiar in the year 1982, the properties left by him were divided among his children under the registered partition deed (Ex.A-2) dated 19.05.2006. In this partition, Sivasubramaniam was allotted 'A' schedule properties.